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PREMEX AFFIRMS POSITION REGARDING EDWARDS-TUBB V JD WETHERSPOON

You will by now be aware of the recent case Edwards-Tubb v JD Wetherspoon PLC which ruled in order to prevent 'expert shopping. To recap, the Court of Appeal ruled that a court will normally require disclosure of a previous expert's report as the price of granting permission to obtain evidence from a new expert, whether instructed pre or post proceedings to discourage 'expert shopping'. To that end we would like to re-affirm our position when we are instructed on re-examination and multiple report cases.

We've had a number of queries recently as to why we haven't sent previous reports on to a subsequently instructed expert. Just to confirm, we will not forward any previous reports to the second or subsequent expert unless specifically asked to do so by your case handler in their letter of instruction.

 Please circulate this to all of the case handlers in your organisation that instruct us.